Robert A. Ketchum, Theodore R. Ketchum, and Herman Wyatt v. United States

WISDOM, Circuit Judge.

Robert Ketchum, Theodore Ketchum, and Herman Wyatt were charged with smuggling, concealing, and facilitating-the transportation of one pound of marihuana and a quantity of marihuana sweepings. 1 At the trial the defendants did not testify. A motion for a judgment of acquittal on the ground that the evidence was insufficient to sustain a verdict of guilty was made after the government had rested and again after both sides closed. The court overruled the motion. The jury returned a verdict of guilty. Wyatt received a five year sen- tenee. As prior offenders, Robert and…